Legal Opinion

Jenson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

Wisconsin Supreme Court

Decided December 29, 1893PublishedCited by 10 opinions

APPEAL from the Circuit Court for St. Croix County. Action to recover damages for personal injuries alleged to have been caused, by the negligence of defendant and its servants. The facts are stated in the opinion. argued, among other things, that the injury was not shown to be the natural and probable result of any negligent act or omission on the part of defendant, and that plaintiff, not having stopped and listened for the train, was guilty of contributory negligence.

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APPEAL from the Circuit Court for St. Croix County. Action to recover damages for personal injuries alleged to have been caused, by the negligence of defendant and its servants. The facts are stated in the opinion. argued, among other things, that the injury was not shown to be the natural and probable result of any negligent act or omission on the part of defendant, and that plaintiff, not having stopped and listened for the train, was guilty of contributory negligence. Seefeld v. O., M. da St. P. R. Go. 70 Wis. 216; Sehmolze v. G., M. dk St. P. R. Co. 83 id. 659, 667; Butter-field v.…

1Opinion of the CourtObtok, J.

• The facts of this case are substantially as follows : In the city of Hudson, and near the northeastern limits thereof, there is a highway or wagon road (the name of which is not given) that starts at the intersection of St. Croix and Eleventh streets, and runs in a northeasterly direction in a descending grade and through a deep cut until it passes under the railroad or railroad bridge over the same, of the defendant, and then passes on and constitutes the main highway from the city to the North Wisconsin Junction. After it has passed under the railroad bridge, and about seventy-two feet…

2Cases cited5 opinions

  1. People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
  2. Central Vermont Railroad v. Town of RoyaltonSupreme Court of Vermont · 1885
  3. Clawson v. Chicago & Great Southern Railway Co.Indiana Supreme Court · 1884
  4. New York & New England Railroad v. City of WaterburySupreme Court of Connecticut · 1887
  5. Whitcher v. City of SomervilleMassachusetts Supreme Judicial Court · 1885

3Cited by10 opinions

  1. Everett v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
  2. Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
  3. Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
  4. Boehm v. Duluth, South Shore & Atlantic Railway Co.Wisconsin Supreme Court · 1895
  5. Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1905

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